The Fifth Circuit follows what it describes as “the monolithic mountain of authority” in holding that the Bankruptcy Code—not the reorganization plan—defines the limits of claims.
The Solvent Debtor and Post-Petition Interest on Unsecured Claims
Four Examples of How Local Customs Impede Mediation
Practitioners need to constantly evaluate their local mediation customs to assure that better practices are identified and incorporated.
Wet Ink and Paper Retention Requirements are Flawed: Technology Can Fix That
Wet ink and paper retention requirements are a flawed relic of manual systems past. It’s time to move this relic into the highly-secure digital world.
Small Business Reorganization Act of 2019: Frequently Asked Questions & Some Answers
The SBRA exists today because small businesses have had difficulty getting plans confirmed under chapter 11.
Unanswered Questions: Small Business Reorganization Act of 2019
Since the obvious intent of Congress is to help small businesses in financial stress and to abbreviate their Chapter 11 process, courts will try to avoid roadblocks when they can.
A Strategy for Reorganizing Medium-Size Businesses With Too Much Debt For The Small Business Reorganization Act
The absolute priority rule is still an impediment to reorganizing medium-size businesses in Chapter 11.
The Farm Economy: A Problem For Us All
That’s all well and good for us well-fed folk, who frequent grocery stores stocked with vast arrays of food choices. But such luxuries are not universal—even here in these United States.
Don’t Guess Wrong on Finality for Appeal: Comparing U.S. Supreme Court Opinions (Rytzen and Bullard)
By: Donald L Swanson “An erroneous identification of a final order as interlocutory may cause a party to miss the appellate deadline.” --U.S. Supreme Court in Rytzen Group, Inc. v Jackson Masonry, LLC (decided 1/14/2020) Rarely has a Supreme Court bankruptcy ruling had a more-expansive effect that its most recent pronouncement. The quotation above shows why—because... Continue Reading →
Merit Management’s Footnote 2 and Justice Breyer’s Point Prevail in Second Circuit (In re Tribune)
By Donald L. Swanson “The parties here do not contend that either the debtor or petitioner in this case qualified as a “financial institution” by virtue of its status as a “customer” under §101(22)(A). . . . We therefore do not address what impact, if any, §101(22)(A) would have in the application of the §546(e) safe... Continue Reading →
Stressed Family Businesses: Chapter 11 Reorganization Must Work For Them
By: Donald L. Swanson Family businesses who need to reorganize have a tough go in bankruptcy. There are lots of impediments, both legal (e.g., absolute priority rule) and economic (Chapter 11 is expensive). The Small Business Reorganization Act of 2019 will help, but it only applies to businesses with less than $2.7 million of debt. An Extraneous... Continue Reading →
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